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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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40 day deadline up!!!


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Hi there,i havent used my Halifax account in 2 years.Basically after requesting my account history from them im informed that a credit agency are now handling my account.Now today the agency confirmed that they would request my statements on my behalf..my question is this...when i do get the statements(which i know have loads of charges on the account,this being the reason i had to walk away from the account) do i then send the request for a refund to them or Halifax?Thing is my accounts no longer on Halifax database...Grateful for any advice please.Thanks.

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Guest bluecloud

It doesn't matter if a credit agency are looking after your account.

 

YOU are the one that needs to pursue the Halifax. The charges were applied when you were in control of the account. If you let the agency pursue the Halifax, then the agency can legitimately charge you for the "service".

 

If you have sent a DPA SAR to the Halifax then the Halifax are still required by law to fulfil the SAR as the information relates to the person making the request.

 

If you haven't sent a SAR then do so as soon as possible. Not forgetting the £10.

 

If the Halifax give you the same excuse then just file a claim with your County Court. There are plenty of posts on this site that tell you how to do this.

 

Once you get the list of transactions, or more likely a huge statement, then you can follow the procedure like anyone else.

 

I have a Halifax CC that is with Blair, Oliver & Scott, I'm still going to claim back the charges.

 

If the credit agency you are with is a HBOS subsiduary then there is a good chance that the charges will be refunded directly to them, if the debt was sold to another company then you can pay off the debt in full if you wish.

 

As the Halifax have passed the debt on, there is a strong possibility that there will be a bank default entered on their register. As part of the preliminary letter and the LBA you can insert paragraphs that tell the bank to remove the default under the DPA as the default was probably added due to the charges. Jonni2bad is in the process of going to court over this - I think he's due to go on the 19th November.

 

Whatever happens, do not let the Halifax decide what you do and when you do it.

 

 

.

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Bluecloud,thankyou for taking the time to respond.My account is also with Blair,Oliver and Scott.I have already sent them an S.A.R. on the 6th September with the 10 pound fee,im just concerened that if there is no record on the Halifax database that it will be overlooked.Blair and Co informed me yesterday that a default notice has been applied to my credit record (purely because of charges) which infuriates me therefore i think that this case is going to be more complicated.Halifax have untill next week to send my statements,if they fail to comply can you recommend the next letter that I should send please.Thankyou again!

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If they fail you send the letter of non - compliance it's in the library section, also you have a case if your default has been applied solely due to your charges, your letter templates will include a paragraph about defaults which most people omit as they dont need it but you can fight under the one claim for both default and charges!

Any help req please ask!

Sharon

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  • 2 weeks later...

Hiya

Heres what you have to do, this is copied from the Library -

  • If the bank fails to supply you with your data then you should complain to the bank. Give them 7 days to comply and tell them that you will begin a complaint to the Information Commissioner and also that you will begin a County Court action under the Data Protection Act.

If the bank does not respond to your 7 day warning then begin your complaint and start your action.

 

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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  • 2 weeks later...

Hi there,Halifax have had their 40 days tosend out my statements and they havent.Ive looked closely at the templates again and again and Im really unsure about which one to send next to get my statements.Can anyone advise me please?Thankyou...

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This was mine

change the dates, add your acc no. and address hey presto

 

Halifax PLC

Customer Relations

PO BOX 548

Leeds

LS1 1WU

 

19/10/06

 

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

ACCOUNT NUMBER:

 

You have failed to comply with my Data Protection Act Subject Access Request dated (05/09/2006).

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

Yours faithfully,

  • Confused 1

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also email them. i did a couple of weeks ago and today got a special delivery acknowledeging my SAR and that the staements will be forwarded to me shortly. Get calling or emailing !!

S.A.R - (Subject Access Request) sent 1.10.06 (chq cashed 6.10.06)

Acknowledgement recvd. 9.11.06...(1 day before 40 day limit)

prelim sent 13.11.06. (rcv.14.1.06)

ack.rcvd. 24.11.06

LBA letter sent 29.11.06

settlement offer 11.12.06 declined 13.12.06

called Halifax 0121-234-1068 3.1.07 ..........settlement letter for full amount of £1474 on its way ! won't be happy till money in my acct!

recvd settlement letter for the £1474. signed and returned. 5.1.07

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also email them. i did a couple of weeks ago and today got a special delivery acknowledeging my SAR and that the staements will be forwarded to me shortly. Get calling or emailing !!

 

Could i ask what E-mail address you used to E-mail them cause i have rang them every day for a week and all they keep saying is that the statements are on the way.

Many thanks

Libby

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Could i ask what E-mail address you used to E-mail them cause i have rang them every day for a week and all they keep saying is that the statements are on the way.

 

Many thanks

 

Libby

 

 

hi, i used this email address

[email protected]

 

there is also this guy who sent me a special delivery letter confirming delivery of statements would be soon.

 

[email protected]

 

hope it goes ok.

 

i received all 150 pages this morning !!! found several which i missed off so i'm in process of sending the prelim.

S.A.R - (Subject Access Request) sent 1.10.06 (chq cashed 6.10.06)

Acknowledgement recvd. 9.11.06...(1 day before 40 day limit)

prelim sent 13.11.06. (rcv.14.1.06)

ack.rcvd. 24.11.06

LBA letter sent 29.11.06

settlement offer 11.12.06 declined 13.12.06

called Halifax 0121-234-1068 3.1.07 ..........settlement letter for full amount of £1474 on its way ! won't be happy till money in my acct!

recvd settlement letter for the £1474. signed and returned. 5.1.07

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Hi

 

They went past my 40 deadline too I gave them an extra couple of days then sent the non compliance LBA then followed up with a phone call 48 hours before that ran out just to give them a nudge and got my statements the following day they arrived special delivery

01/09/2006 Data Protection Act sent

04/09/2006 Data Protection Act recieved by Halifax

28/09/2006 Called Halifax to see if they have done anything about Data Protection Act letter

17/10/2006 Non Compliance LBA sent

23/10/2006 Phone call made

24/10/2006 statements arrived

24/10/2006 prelim letter sent asking for return of £1455.87

08/11/2006 LBA sent ;) court next :p

14/11/2006 good will gesture made offered £513 now claiming £1639.95 :D

15/12/2006 Court claim number Halifax must respond by 23/01/2007

 

05/01/2007 PAID IN FULL WOOHOO

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  • 2 weeks later...

did u ring /email or write to halifax to remind them

also is the cheque/postal order cashed

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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